Florida lawmakers to revisit sexting law

In 2011, Florida lawmakers made sure young people who sent racy pictures to each other via cellphone wouldn’t be labeled sex offenders.

But they may have inadvertently made sexting a crime that can’t be punished.

An appellate judge in West Palm Beach last month pointed out that the 2011 law makes sexting a noncriminal violation for first-time offenders — and that no court in Florida has jurisdiction over civil offenses for minors.

Sen. Joseph Abruzzo, a Wellington Democrat who carried the sexting bill in 2011, said he plans to propose a fix.

Help us deliver journalism that makes a difference in our community.

Our journalism takes a lot of time, effort, and hard work to produce. If you read and enjoy our journalism, please consider subscribing today.

“It’s important to get the law on the books correctly,” Abruzzo said Tuesday.

Before 2011, young people who sent sexually explicit photos or videos to each other could be punished as child-pornography distributors.

The penalties could be steep. In one Orlando-area case, an 18 year old who emailed a nude photo of his 16-year-old girlfriend to her friends after an argument was sentenced to five years of probation and forced to register as a sex offender.

Former state Sen. Dave Aronberg, D-Greenacres, tried to ease the penalties for teenage sexting in 2010. His bill passed the Senate, but fell short in the Florida House.

One year later, the Legislature voted unanimously to decriminalize sexting for first-time offenders who are minors.

The 2011 law ushered in new penalties for a first offense: eight hours of community service, a $60 fine or participation in a “suitable training or instruction” program.

The statute is clear: A first violation is “noncriminal.”

“We wanted to make sure that children’s lives weren’t being ruined over youthful indiscretions,” Abruzzo said.

Second- and third-time offenders, however, would face misdemeanor and felony charges, respectively.

The law was tested in court in 2013, when a teenage girl sent a text-message photograph of her vagina to a 13-year-old classmate.

She sent the photo “because she was bored,” according to court papers.